Common use of Disputes; Attorneys’ Fees Clause in Contracts

Disputes; Attorneys’ Fees. Except in the case of Employer's right to seek injunctive relief under Section 22(d) and Section 24(b) of this Agreement, the parties mutually agree to submit any controversy or claim arising out of or proceeding forth from or relating to this Agreement or its breach to be settled by arbitration (which may be binding if the parties mutually agree at the time). Such arbitration shall be held in the County of Seminole, State of Florida, utilizing the procedure and arbitrators acquainted with the American Arbitration Association rules and procedure for arbitration. If binding arbitration, judgment upon award rendered may be entered and enforced in any court of competent jurisdiction. In the event any dispute arises under the terms hereof, Employer shall continue to pay Employee the Base Salary and benefits to which he is entitled hereunder until such time that a final determination is made by an arbitrator hereunder; PROVIDED, HOWEVER, that if it is determined that the termination of Employee's employment was justified, the Employee hereby undertakes and agrees to repay to the Employer the amount of Base Salary that was paid by Employer during the arbitration procedure. The non-prevailing party shall be responsible for the prevailing party's reasonable legal fees and costs (including post-judgment collection fees and costs).

Appears in 5 contracts

Samples: Employment Agreement (Miracom Corp), Employment Agreement (Miracom Corp), Employment Agreement (Miracom Corp)

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Disputes; Attorneys’ Fees. Except in the case of Employer's right to seek injunctive relief under Section 22(d) and Section 24(b) of this Agreement, the parties mutually agree to submit any controversy or claim arising out of or proceeding forth from or relating to this Agreement or its breach to be settled by arbitration (which may be binding if the parties mutually agree at the time). Such arbitration shall be held in the County of Seminole, State of Florida, utilizing the procedure and arbitrators acquainted with the American Arbitration Association rules and procedure for arbitration. If binding arbitration, judgment upon award rendered may be entered and enforced in any court of competent jurisdiction. In the event any dispute arises under the terms hereof, Employer shall continue to pay Employee the Base Salary and benefits to which he is entitled hereunder until such time that a final determination is made by an arbitrator hereunder; PROVIDEDprovided, HOWEVERhowever, that if it is determined that the termination of Employee's employment was justified, the Employee hereby undertakes and agrees to repay to the Employer the amount of Base Salary that was paid by Employer during the arbitration procedure. The non-prevailing party shall be responsible for the prevailing party's reasonable legal fees and costs (including post-judgment collection fees and costs).

Appears in 1 contract

Samples: Employment Agreement (Miracom Corp)

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